Troy and Gina Bundy were found guilty in West Linn municipal court of constructing a pool without a permit in a designated wetlands area. The Bundys last year said they spent $100,000 installing the pool and patio, plus tens of thousands more fighting to keep it.Everton Bailey/The Oregonian

A West Linn couple who illegally built a pool in their backyard is in the midst of removing it, but are still pursuing litigation against the city. This time, Troy and Gina Bundy claim that the conservation easement on their property, which is why they must remove their pool, wasn't created properly.

City attorney Harlan Jones claims that the West Linn City Council had the right in 2001 to accept the property without a public hearing process. The Bundys bought the property in 2003 and started duking it out with the city in 2009, when they installed a 1,100-square-foot pool on their Ninth Street property.

After installation, the couple applied for a permit with the city but were denied. They were then asked to remove the pool and restore a wetland behind their home, where fill from the pool was dumped during construction.

In August, West Linn Municipal Court Judge Heather Karabeika ordered the Bundys to either pay $72,000 in fines or pay $18,000 and rip out their pool.

Troy Bundy said he started ripping out the pool in October.

However, in his lawsuit, he says that the city has no right to enforce the conservation easement, because its creation violated state law by bypassing a public hearing process and allowing the city recorder to sign the contract instead of the city council.

The city denies the allegations in its response.

Bundy is representing himself, but said he spent about $50,000 in lawyer fees during the last case. In August, West Linn Assistant City Manager Kirsten Wyatt said the city has spent "tens of thousands of dollars" in staff and legal costs.